QLDIn ForceAct
Water Act 2000
sec.1246Destruction of vegetation carried out under guidelines
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### sec.1246 Destruction of vegetation carried out under guidelines
This section applies if, immediately before the commencement—
a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )—
the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’;
the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’;
the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’;
the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and
there is no development approval for the destruction; and
the destruction is not a destruction activity for which—
a permit has been issued to the person under section 269(1); or
the person has applied, under section 266, for a permit that has not been issued under section 269(1).
From the commencement—
the destruction is taken to be assessable development for which a development approval has been granted; and
the area of vegetation is taken to be the land to which the development approval is attached; and
the development approval has effect as if it were a development approval for the destruction; and
any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.
s 1246 ins 2013 No. 23 s 305
(sec.1246-ssec.1) This section applies if, immediately before the commencement— a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )— the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and there is no development approval for the destruction; and the destruction is not a destruction activity for which— a permit has been issued to the person under section 269(1); or the person has applied, under section 266, for a permit that has not been issued under section 269(1).
(sec.1246-ssec.2) From the commencement— the destruction is taken to be assessable development for which a development approval has been granted; and the area of vegetation is taken to be the land to which the development approval is attached; and the development approval has effect as if it were a development approval for the destruction; and any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.
- (a) a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )— (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and
- (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’;
- (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’;
- (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’;
- (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and
- (b) there is no development approval for the destruction; and
- (c) the destruction is not a destruction activity for which— (i) a permit has been issued to the person under section 269(1); or (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1).
- (i) a permit has been issued to the person under section 269(1); or
- (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1).
- (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’;
- (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’;
- (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’;
- (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and
- (i) a permit has been issued to the person under section 269(1); or
- (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1).
- (a) the destruction is taken to be assessable development for which a development approval has been granted; and
- (b) the area of vegetation is taken to be the land to which the development approval is attached; and
- (c) the development approval has effect as if it were a development approval for the destruction; and
- (d) any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.